(1)   The Planning Commission is hereby established. The word “Commission” when used in this section shall be construed to mean the Planning Commission. The Commission shall consist of nine members who shall be freeholders appointed by the Mayor upon approval by the City Council. The terms of office of the members of the Commission shall be for five years, excepting that the nine members first appointed shall serve respectively for terms of one for one year, two for two years, three for three years, two for four years and one for five years.

      (2)   Vacancies shall be filled for the unexpired term of the member whose place has become vacant by the Mayor upon approval by the City Council. The City Council shall have the power to remove any member of the Planning Commission for cause and after notice and public hearing. The Planning Commission shall elect its own Chairperson and Vice President each of whom shall serve for one year. The Planning Commission shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the powers herein given it.

      (1)   All meetings of the Planning Commission shall be held at the call of the Chairperson and at such other times as the Commission may determine.

      (2)   All meetings of the Commission shall be open to the public. The Commission shall keep minutes of its proceedings and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, specifying the reasons for making or denying such variation.

      (3)   Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Commission shall immediately be filed in the office of the City Clerk and shall be a public record. The Commission shall adopt its own rules of procedure not in conflict with the statute in such cases made and provided.

      (1)   An appeal shall be taken within such time as shall be prescribed by the Planning Commission by general rule, by filing with the Building Inspector and with the Commission, a notice of appeal, specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Commission all of the papers constituting the record upon which the action appealed from was taken.

      (2)   An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Commission after the motion of appeal has been filed with him or her that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be staid otherwise than by a restraining order which may be granted by the Commission or by a court of record on application, on notice to the Building Inspector and on due cause shown.

      (3)   The Commission shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person, or by agent, or by attorney. The Planning Commission may reverse or affirm wholly or partly or may modify the order, requirements, decision or determination as in its opinion ought to be made in the premises and to that end shall have the power of the Building Inspector from whom appeal is taken.

      (4)   All final administrative decisions of the Commission made under ILCS Ch. 65, Art. 5, §§ 11-13-1 through 11-13-20 as now enacted and may be hereafter amended or modified, shall be subject to judicial review pursuant to the provisions of the “Administrative Review Act” approved May 8, 1945, Chapter 110, Section 264 et seq., and all amendments and modifications thereof, and the rule adopted pursuant thereto.

      (1)   The Planning Commission shall hear and decide appeals for the review of any order, requirement, decision or determination made by the Building/Code Official, who is charged with the enforcement of this chapter.

      (2)   It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter. The concurring votes of five members of the Commission shall be necessary to reverse any order, requirement, decision or determination of the Building/Code Official or to decide in favor of the applicant any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.

      (3)   Where in specific cases permits are applied for and there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the provisions or regulations of this chapter relating to the use, construction or alteration of buildings or structures, or the use of land, the Planning Commission may determine and vary their application in harmony with their general purpose and intent and in accordance with the following rules.

      (4)   No variation in the application of the provision of this chapter shall be made by the Council concerning the use of land, the intensity of such use, the size, shape or location of yards or open spaces, or the height of structures now existing or to be constructed, unless, after a hearing by the Planning Commission as provided for in this section, the Council shall find that such variation will not:

         (a)   Impair an adequate supply of light and air to adjacent property;

         (b)   Will not increase the hazard from fire and other dangers to said property;

         (c)   Will not diminish the taxable value of lands and buildings throughout the city, the area, nor the immediate vicinity;

         (d)   Will not increase the congestion in the public streets; and

         (e)   Will not otherwise impair the public health, safety, comfort, morals and welfare of the inhabitants of said city; nor shall any such variation be made in any case unless the same shall comply with the following limitations:

            1.   Such variation, whether applicable to new buildings, or to addition to or alterations or extensions of existing buildings, shall not reduce the required dimensions of open spaces by more than 20%, nor reduce the required total area to open spaces by more than 10%, nor reduce the required total lot area by more than 5%.

            2.   Such variation shall not permit an increase in the height of structure of more than 10% above the maximum height permitted by this chapter.

            3.   Such variation shall not permit the extension of a nonconforming use throughout a building or lot contrary to the limitations imposed in the immediately preceding paragraphs.

            4.   Any variation or other zoning amendments described in this section shall conform with the general review procedures as defined in § 159.05.

(Ord. 96-4835, passed 4-16-1996; Am. Ord. 2010-5307, passed 8-17-2010; Am. Ord. 2025-5493, passed 5-6-2025)

   Each application for a building permit shall be accompanied by a plat, in duplicate, drawn to the scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, and such other information as shall be necessary to provide for the enforcement of this chapter. A careful record of such application and plats shall be kept in the office of the Building/Code Official.

(Ord. 96-4835, passed 4-16-1996; Am. Ord. 2025-5493, passed 5-6-2025)

   (A)   No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate shall have been issued by the Building/Code Official stating that the building and use comply with all the building and health laws and chapters and with the provisions of this chapter. No change of use shall be made in any building or part thereof now or hereafter erected or altered, without a permit having been issued by the Building/Code Official, and no permit shall be issued to make such change unless it is in conformity with the provisions of this chapter or amendments thereto duly enacted.

   (B)   Nothing in this section shall prevent the continuances of the present occupancy or use of any existing building, except as may be necessary for safety of life or property.

   (C)   Certificate for occupancy and compliance shall be applied for coincidentally with the application for a building permit and shall be issued within ten days after the lawful erection or alteration of such building shall have been completed. A record of all certificates shall be kept on file in the office of the Building/Code Official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

   (D)   No building or premises shall be occupied until such certificate has been issued.

(Ord. 96-4835, passed 4-16-1996; Am. Ord. 2025-5493, passed 5-6-2025)

   Where uncertainty exists with respect to the boundaries of the various districts, as shown on the zone map, the following rules shall apply:

   (A)   The district boundaries are either streets or alleys, unless otherwise shown, and where the designation on the zone map indicates that the various districts are approximately bounded by street or alley lines, such alleys or streets shall be construed to be the boundaries of such districts.

   (B)   Where the district boundaries are not shown to be streets or alleys, and where the property has been or may hereafter be divided into blocks and lots, and where the designations on the zone map indicate that the various districts are approximately bounded by lot lines, such lot lines shall be construed to be the boundaries of such districts.

   (C)   Where the district boundaries are not shown by streets or alleys, or lot or block lines, the district boundaries shall be determined by use of scale shown on the zone map.

(Ord. 96-4835, passed 4-16-1996; Am. Ord. 2025-5493, passed 5-6-2025)

   (A)   The regulations imposed and the districts created by this chapter may be amended from time to time by ordinance, but no such amendments shall be made without a hearing before the Planning Commission.

   (B)   Any application for re-zoning inside the corporate limits will be considered by the Planning Commission if, and only if, the physical area to be re-zoned, or the area resulting from re-zoning is at least 40,000 coterminous square feet, as defined herein.

   (C)   The Commission may, of its own motion, or upon petition signed by 50% or more of the property owners of the area in question, or upon instruction from City Council, cause to be prepared a notice indicating the changes proposed to be made in the regulations or in the district boundary lines, describing the boundaries or the territory to be affected. Such notice shall state the time and place of the public hearing for consideration of such proposed amendments, supplement or change, and the place where maps of the proposed amendment, supplement or change will be accessible for examination by interested parties.

   (D)   Notice of such public hearing shall be published no more than 30 days nor less than 15 days in advance thereof in at least one newspaper of general circulation in the city. After such public hearing, the Commission shall submit a copy of the decision together with the pertinent considerations in the proposed amendment to the City Council for its decision.

   (E)   The Commission shall report to the City Council on the proposed amendment, supplement, or change and may cause an ordinance authorizing such amendment, supplement, or change to be introduced in the City Council. Such hearing may be adjourned from time to time. Whenever a written protest against such proposed amendment, supplement, or change, signed and acknowledged by the owners of the following property:

      (1)   Owners of 20% of the frontage property proposed to be altered;

      (2)   Owners of 20% of the property immediately adjoining or across an alley; or

      (3)   Owners of 20% of the property located within a distance of 150 feet from any boundary line of the property sought to be altered; shall have been filed with the City Clerk within 30 days after said public hearing, the chapter providing for such proposed amendment, supplement, or change shall not be passed except by the favorable vote of three-fourths of the members of the City Council.

   (F)   At the time application is made to zone or re-zone, alter or vary the use of property under the provisions of this chapter, the applicant therefore shall pay to the City Clerk the sum of $100.

(Ord. 96-4835, passed 4-16-1996; Am. Ord. 2010-5307, passed 8-17-2010; Am. Ord. 2025-5493, passed 5-6-2025)

   (A)   Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined as set forth in § 159.99. The Zoning Official is hereby designated and authorized to enforce this chapter.

   (B)   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or premises is used in violation of this chapter or other regulations made under the authority conferred thereby, the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or abate such violation; to prevent the occupancy of such building, structure, or premises; or to prevent any illegal act, conduct, or use in or about such premises.

(Ord. 96-4835, passed 4-16-1996; Am. Ord. 2025-5493, passed 5-6-2025)

   Whoever violates any provision of this chapter shall be subject to a fine according to the general penalty of § 10.99 upon conviction. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. 96-4835, passed 4-16-1996; Am. Ord. 2009- 5281, passed 9-15-09; Am. Ord. 2025-5493, passed 5-6-2025)